法律心智：返回法律的生活世界——一种现象学的视角.pdfVIP

Abstract The development of western legal idea tends to become a rigorous science to the law, and the requirements to the law tend to explore the truth about legal knowledge, but is the truth about legal knowledge exist really? In process of exploring legal truth, crisis of legal modernity release the powerful charisma from history, and legal truth seeking seems to encounter the greatest difficulties after the Middle Ages in modern society. Because of scientific thinking method, legal positivism provides a valid path for studying the law, but the law as the object of scientific research is away from caring about human life gradually, and the human life-world is eroded by science as the objective meaning gradually. Starting from it, in order to rebuild the relationship between the law as the object of scientific and the life-world as “the former science”, in order to mold the life-world to the effectiveness of the law, and in order to recover due position of the “people” in modernity discourse of democracy, human rights and rule of law, this paper will attempt to use the western phenomenological thought to open the law’s dimension of mind, and make the conclusion of “return to life-world of law” through explaining mind of law under the phenomenological perspective. Besides introduction and conclusion, the paper is divided into four parts： The introduction part briefly explains the research purpose, scope, theory significance, practice significance and the innovation point, and particularly describe uses of the thinking method and spirit in Western Phenomenology Movement will open space of mind of law to extend possibilities of legal research horizons. The first part puts forward the views that the law as the object of scientific research, on one hand, can not avoid “Munch Stockhausen Dilemma”, and on the other hand, cause the people that is closely related to law to lost the